(b)

1. (1) An agreement described in subsection (a) of this section may be approved by the commission if it is an extension, renewal, or modification of an agreement previously approved by the commission.
2. (2) Any material modification of a previously approved agreement, such as an increase in the amount of the commission on wagers, must also be approved by the commission.

(c) An agreement described in this subpart may not be approved unless the commission is satisfied that:

1. (1) The agreement specifies the manner in which the line or proposition for each sporting event will be established;
2. (2) The agreement specifies the amount of the commission on wagers;
3. (3) The agreement specifies the manner in which breakage is to be allocated;
4. (4) The agreement specifies the manner in which the parties will handle a system or communication failure and specifically requires the systems operator to accept wagering information from the pari-mutuel sports books through a manual merge for a reasonable amount of time;
5. (5) The agreement specifies the manner in which the pari-mutuel sports books shall be responsible for any deficiencies and share in any excesses resulting from the requirements of this part;
6. (6) The agreement specifies the manner in which the parties will handle pool amounts that are not won by patrons;
7. (7) The systems operator and pari-mutuel sports books have complied with all laws applicable to off-track pari-mutuel sports wagering;
8. (8) The systems operator and pari-mutuel sports books hold all necessary licenses and approvals to participate in the off-track pari-mutuel system;
9. (9) There are means for the commission to obtain adequate access to information pertaining to the operation of the off-track pari-mutuel sports system, and to investigate any associate of the systems operator and pari-mutuel sports books in such operation;
10. (10) There is assurance that the operation of the off-track pari-mutuel sports system will be lawfully conducted after approval by the commission and will not pose a threat to gaming control in Arkansas;
11. (11) There is assurance that the systems operator, pari-mutuel sports books, and their associates in the off-track pari-mutuel sports system will abide by the conditions and restrictions imposed upon approval;
12. (12) There is assurance that the right of Arkansas to collect license fees from the pari-mutuel sports books will be adequately protected through an effective accounting system designed to prevent the undetected employment of techniques to avoid payment; and
13. (13) There is assurance that the relationships of the systems operator and pari-mutuel sports books with any associate will not pose a threat to the interest of Arkansas in regulating the gaming industry.